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Thursday, December 31, 2015

Malicious Prosecution

Question

I am being charged over $13,000 for board from when I was held in a County Jail for 13 months on a bond that was too high for me to come up with but the charges I was being held on were ultimately all dropped then refiled completely different and I was released on an OR bond. If I had been charged properly to begin with I wouldn't have had to stay in jail so long. How can I appeal that bill? There are other things on the bilI I want to question, too.
Cost: Free
United States  |  Missouri  |  64735  |  Criminal Law
12/31/15, 8:28 pm

Answer

Unfortunately you really have no avenues to solve your problem. The only one that comes to mind is a lawsuit for malicious prosecution. You would have to prove the following That the prosecutor intentionally (and maliciously) pursued a legal action that was brought without probable cause and dismissed in favor of the victim of the malicious prosecution. The police and state are generally protected by sovereign immunity. These are high hurdles to climb. I have to say it is unfortunate what has happened to you and very hard to solve.

Richard Simons
Speedingticketkc.com
5525 Rockhill Rd.
Kansas CIty, MO 64110



All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Breaking the law in plain site



Q: I was pulled over by an officer last night,he said after following me he stop me because the tags werent to the car

1 Answer | Asked in Traffic Tickets for Missouri on 
Answered on Dec 31, 2015


Not having the correct tags on your car is a violation of the law. The police in several states have what is called a "wolf pack system" that automatically reads the plates on your car. The plates on your car are always in plain view and an officer can run them at any time. You also give up that right since you can be stopped for wrong tags as an administrative stop. Though you weren't committing a visible driving offense to a non-police officer, you were breaking the law in plain site.

All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.y

Tuesday, December 29, 2015

Bicycle Incidents Effect Ability to get a license????

 

 

Q: I have 2 tickets in Californiafor not having lights on a bicycle I moved here to Missour can I still get my license here

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Dec 29, 2015


Honestly I cannot see why not. A cursory glance at California law shows that bicycle law is governed by the department of motor vehicles. Missouri bases its laws on motor vehicles. Also you did not specify if those tickets are outstanding or not. If they are and that can suspend your license in california then probably cannot get your license here. Interesting question!!



All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Monday, December 28, 2015

Crazy Ex and Protective Orders

Question

Type Your Question Here... I have filed a protective order against my husband he has since broke my door in and assaulted me he was charged with domestic assault and battery and he was set bond and and condition of his bond that was a no contact order set by the judge he has since then broke into my house again help me against my will for over 5 hours assaulted me repeatedly and threatened to kill me over and over again when I finally got away and called the police they came and told me they would not be arresting him because they could find no physical evidence of a salt but there wasn't no contact order the judge ordered they did absolutely nothing about since then he has numerous times been on my property he has taken my vehicle and not returned it and now says its in drivable what is a no contact order mean and does this man have to kill me and still be nothing to be done about him not to mention he's already on a suspended sentence and do supervision for drug conviction in the same county back in 2013 please help before he kills me I do not know what to do
Cost: Free
United States  |  Oklahoma  |  74301  |  Criminal Law
12/28/15, 12:09 pm

Answer

First, a protective order is a piece of paper that does not stop bullets and nor shields you from harm. You must get to a safe place where he cannot find you. Second thing you must do is hire an attorney to advocate for you to the court and to the prosecutor and get his bond revoked. Third, call the police and the sheriff every time an incident occurs and keep calling. Taking everything you say as true, the police do not seem to be cooperative, however there is always the sheriff. At some point they must spot him and there has to be evidence of his actions. The final thing is that you can sue him for all of these actions that have occurred against you for monetary damages. But first thing is first, get to safety immediately!!!
Richard Simons
Speedingticketkc.com
5525 Rockhill Rd.
Kansas CIty, MO 64110




All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Sunday, December 27, 2015

Top 10 Television Courtroom Dramas by closeness to reality.

OK so this is a little different than my normal blog of answering legal questions but I wanted to open this one up for discussion.  I love courtroom dramas but as a lawyer find them to be far from the truth and there are a lot of ethical violations in each show.  I am going to rank tv dramas based upon how close they are to reality.  Theses are shows I have seen, so I am excluding quite a few.  Comment on my ranking and make suggestions of what I have not ranked.  Also in looking at

1. Law and Order-the original series covers many cases that originally went to the supreme court
2. Law & Order Spinoffs
3. The Practice
4. Boston Legal
5. Night court(yes it goes before how to get away with murder)
6. How to get away with murder
7. Damages
8. Matlock
9. LA Law
10. Ally Mcbeal


All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Below is a list from wikipedia of courtroom dramas



Saturday, December 26, 2015

Probation Officer and Hospital

Question

hello,i am on probation and i missed my appointment because i was in the hospital,now my p.o says i need to bring my discharge paperwork because he want's to know why i was in the hospital.can he do that? is that legal,what about my hepa right's?
Cost: Free
United States  |  Missouri  |  64029  |  Criminal Law
12/26/15, 4:17 pm

Answer

Your PO. can certainly ask for that information, but you may limit what information you provide. You have already told your PO you were in the hospital so if you want to limit what your PO sees then make sure the paperwork just shows that you were in the hospital on the dates you were. This should satisfy your PO's request.
www.speedingticketkc.com
https://www.facebook.com/SpeedingticketKansascity
Richard Simons
Speedingticketkc.com
5525 Rockhill Rd.
Kansas CIty, MO 64110



All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Friday, December 25, 2015

Merry Christmas y

Just wanting to wish everyone a merry Christmas.
https://www.facebook.com/SpeedingticketKansascity
Speedingticketkc.com

Tuesday, December 22, 2015

Traffic Ticket Written different

Q: Ticket differs from what officer explained he pulled me over for.

Was pulled over for not coming to a complete stop before making a right turn at a red light. However my ticket is for not signaling before turning/ when changing lanes. Is this grounds for dismissal? Do I still need to appear in court?

A: There is reality and what is on paper. The answer in general is no. He can claim he saw you do both and wrote a ticket for only one. The other problem is proving he lied and the cost of having an actual trial to get an officer on the stand and getting him to admit what occurred. This is all costly and time consuming. If you hire a lawyer you do not need to appear, if you don't then you need to make an appearance.


All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

marijuana

Legal Questions and answers

Would i get arrested if this were to happen?

If i was staying in a house with my friends for a week for vacation, and they brought marijuana with them. I didn’t smoke it at all but they were caught with it. Would i get in trouble?
Answer From Speedingticketkc.com
Getting arrested vs. getting charged and convicted are two totally separate things. If the officer finds marijuana and you are with your friends, probable cause exists to make an arrest. Speedingticketkc.com
THE CHOICE OF A LAWYER IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS.
This web site, and any and all information on this web site, is for general informational purposes only and to provide general information regarding our law firm and its services. This site is not intended to be a substitute for specific legal advice about your or any other legal case or matter. Your accessing or viewing this web site does not create an attorney-client relationship. An attorney-client relationship is created only upon our acceptance of your case and your full payment and our acceptance of attorney’s fees, a “hold” on a credit card that has not been “captured” does not constitute our acceptance of your case

Source(s):

Stand Your Ground

Thursday, February 28, 2013


Legal Questions and Answers

Legal Questions and Answers

Question

Question about defending yourself with illegal firearm.?

Hi, I was wondering if anyone could shed some light on this. If someone attacks me or breaks into my home, and I have an illegal firearm I use to defend my life, will I get charged with murder or any felony gun charges?

Your Answer:

The question you have presented covers multiple areas of criminal law. I am going to base my answer on the common law, model penal code, and Missouri Law I am going to start with the easiest part first.
1. May you use an illegal firearm in your home and have a reasonable fear for your life. Yes. One may always defend themselves with a weapon they have as long as it is reasonable force.
2. Would you be committing felony murder. No. Felony murder at the common law is the killing of a person while in the commission of a felony. Owning an illegal firearm is a felony but not a felony in the common law and not considered a felony that presents a foreseeable danger.( I am assuming the weapon is an unregistered rifle or hand gun and not a nuclear weapon or canon). So the killing of another while in the process of mailing forged documents would not be felony murder.
3. Felony Gun Charges. Yes, you own an illegal firearm, which does not require intent to convict, mere possession is enough.
4. The Castle doctrine aka “stand your ground.” Below is the Missouri statute which explains all parts of self protection in your home.
Use of force in defense of persons. 563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
(1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:
(a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
(b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or
(c) The aggressor is justified under some other provision of this chapter or other provision of law;
(2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;
(3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.
2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or
(3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual claiming a justification of using protective force under this section.
3. A person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining. A person does not have a duty to retreat from private property that is owned or leased by such individual.
4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
5. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.
THE CHOICE OF A LAWYER IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS.
This web site, and any and all information on this web site, is for general informational purposes only and to provide general information regarding our law firm and its services. This site is not intended to be a substitute for specific legal advice about your or any other legal case or matter. Your accessing or viewing this web site does not create an attorney-client relationship. An attorney-client relationship is created only upon our acceptance of your case and your full payment and our acceptance of attorney’s fees, a “hold” on a credit card that has not been “captured” does not constitute our acceptance of your case

All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.